The general clause 'interest of service' as one of the grounds for optional dismissal from service on the example of a police officer - selected theoretical and case law aspects

The principles of employing Police officers are regulated by the Act of April 6, 1990 on the Police, professional pragmatics of an autonomous nature. In the discussed pragmatics, the legislator divided the exhaustive catalog of reasons for dismissal from service into two reasons - obligatory and optional. The impetus for undertaking the research issues covered in this article was the construction of one of the reasons for optional dismissal from service. Namely, in accordance with Art. 41 section 2 point 5 of the Police Act, a police officer may be dismissed from service when an important interest of the service requires it. The construction of the service's interest is nothing more than the normative construction of a general clause, which by its nature is unspecified. Therefore, the closed catalog of grounds for dismissal from service remains open in this respect. The legislator deliberately and consciously uses this construction to make the generally closed catalog of reasons for dismissal from service more flexible. It should be stated, however, that although the Police authority is provided with a large area of freedom in the process of applying the law, the clause in question is not the basis for the authority to make arbitrary and instrumental assessments. The service interest clause, despite its undefined nature, refers to extra-legal criteria with a semantic context defined by the name of the criterion.